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The Welfare Reform and Pensions (Northern Ireland) Order 1999

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This is the original version (as it was originally made).

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Public service pension schemes

36.—(1) The[1971 c. 35 (N.I.).] Pensions (Increase) Act (Northern Ireland) 1971 shall be amended as follows.

(2) In section 3 (qualifying conditions), after subsection (2) there shall be inserted—

(2A) A pension attributable to the pensioner having become entitled to a pension credit shall not be increased unless the pensioner has attained the age of fifty-five years.. (3)In section 8—

(a)in subsection (1) (definition of “pension”), in paragraph (a), the words from “(either” to “person)” shall be omitted;

(b)in subsection (2) (when pension deemed for purposes of the Act to begin), after “pension”, in the first place where that word occurs, there shall be inserted “which is not attributable to a pension credit”; and

(c)after that subsection there shall be inserted—

(2A) A pension which is attributable to a pension credit shall be deemed for purposes of this Act to begin on the day on which the order or provision on which the credit depends takes effect..

(4) In section 15(1) (interpretation)—

(a)for the definitions of “derivative pension” and “principal pension” there shall be substituted—

  • “derivative pension” means a pension which—

    (a)

    is not payable in respect of the pensioner’s own services, and

    (b)

    is not attributable to the pensioner having become entitled to a pension credit;,

(b)after the definition of “pension” there shall be inserted—

“pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;

“principal pension” means a pension which—

(a)

is payable in respect of the pensioner’s own services; or

(b)

is attributable to the pensioner having become entitled to a pension credit;, and

(c)for the definition of “widow’s pension” there shall be substituted—

  • “widow’s pension” means a pension payable—

    (a)

    in respect of the services of the pensioner’s deceased husband, or

    (b)

    by virtue of the pensioner’s deceased husband having become entitled to a pension credit..

Other pension schemes

37.—(1) The Department may by regulations make provision for a pension to which paragraph (2) applies to be increased, as a minimum, by reference to increases in the retail prices index, so far as not exceeding 5 per cent. per annum.

(2) This paragraph applies to—

(a)a pension provided to give effect to eligible pension credit rights of a member under a qualifying occupational pension scheme, and

(b)a pension provided to give effect to safeguarded rights of a member under a personal pension scheme.

(3) In this Article—

  • “eligible”, in relation to pension credit rights, means of a description prescribed by regulations made by the Department;

  • “pension credit rights”, in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a credit under Article 26(1)(b) or under section 29(1)(b) of the Welfare Reform Act;

  • “qualifying occupational pension scheme” means an occupational pension scheme which is not a public service pension scheme;

  • “safeguarded rights” has the meaning given in section 64A of the Pension Schemes Act (which is inserted by Article 33).

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